Locação imobiliária por meio de plataforma digital: o direito de propriedade e a convenção condominial.

Abstract

The advancement of digital technology and the advent of the Internet represented for human society a revolution that significantly changed social relations and the form of interaction in various fields. In parallel to this movement, awareness of the essentiality and scarcity of material resources is provoking a rethink of the need to optimize economic exploitation in the world. From a more collaborative and rational consumer mentality, and made possible by the expansion and popularization of digital technology, ideas of creating platforms aimed at the sharing of goods and services asprouted. In this context, having as a pioneer the company Airbnb, appeared the virtual platforms of sharing rooms for hosting purposes. An innovative way of economic exploitation of idle residential spaces that has meeting the needs of implementation of sustainable economic ways. But from there, accompanied by undeniable benefits, comes the conflicts of interest that every paradigm shift in social relations causes. And the law is to adapt to the way society resumes the course of harmony and legal certainty desired in a democratic state. Starting from this reality, the theme of this work is to define the limits of the exercise of the right to property when a real estate unit is congregated in a building condominium space and governed by particular rules arising from the condominium convention and from which the problem issue arises: can the building condominium convention (or not) limit the exercise of the right to property by sealing the economic exploitation of its exclusive spaces, in the event that the council has its autonomous unit to obtain income through the provision as a host on digital platforms? To find the answer to the problem, a bibliographic study of all references found and judged substantial will be carried out and that make up the theoretical framework that will support the matter that is intended to be discussed at work. Using the deductive method and techniques of historical, conceptual and normative research, the research managed to achieve a broad knowledge about the subject and concluded that a condominium convention, besides not having legal support, would violate constitutional precepts if it created norm supposition preventing the free disposition of its autonomous units through economic exploitation in the host/guest model used by digital sharing platforms.